Council Meeting

Meeting date: 
Monday, July 14, 2014

President Michael Birkner called the meeting to order at 7:00 PM with the following Councilors present: Vice President Jacob Schindel, Mr. John Butterfield, 

Mrs. Susan Naugle, Mr. Graham Weaver, Ms. Rebecca Brown, Mr. Kyle Leinbach, Mr. Robert Krummerich, Mr. Scot Pitzer and Mayor William Troxell. Staff present included: Manager Charles Gable, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Nicolette James, Planning Director Scott Dellett, and Public Works Foreman Robert Harbaugh.

Others present included: Craig Witmer and Leighton Stiffler representing Smith Elliott Kearns & Company (SEK); Todd Mickley, Gettysburg Souvenirs and Gifts, 213 Steinwehr Avenue; Wesley Heyser, 226 North Stratton Street; Phil Goble, 132 East Middle Street; Charles Strauss, 565 Hillcrest Place; Chris Goodacre, 105 East Broadway; Conor Brooks, 300 North Washington Street; Steve Hemler, 535 York Street; and Moriah Adams. Representing the press was Jim Hale of the Gettysburg Times.

President Birkner welcomed Scout Troop 73 from the Presbyterian Church who was in attendance to earn their merit badges.

President Birkner announced that the Gettysburg Borough Council conducted an executive session immediately prior to the adjournment of its regular meeting held on June 9, 2014 consistent with Sections 708(a)(1) and 708(a)(2) of the Sunshine Act. An executive session of the Borough Council will be conducted immediately prior to the adjournment of this meeting consistent with Sections 708(a)(1) and 708(a)(2) of the Sunshine Act for the following purposes: (1) to discuss matters involving the employment of Borough employees; and (2) to receive information and to discuss strategy related to the negotiation of a collective bargaining agreement with the Teamsters Local No. 776 and to receive information and to discuss any grievance matters filed by the Teamsters Local No. 776.

Moved Mr. Schindel, seconded Ms. Brown to approve the agenda as presented. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Pitzer to approve the June 9, 2014 Council minutes as amended. Motion carried unanimously.

Special presentation:

Craig Witmer and Leighton Stiffler gave a review of the Audited Financial Statements that had been distributed to Council prior to the meeting.

John Butterfield pointed out that the Finance Committee would be addressing any findings associated with this report.

Public Comment:

There was no public comment at this time.

Mayor Troxell also welcomed the Boy Scouts and noted that he served in the scouts along with the Scout Master, John Hartzell's father.

President Birkner reported that Bike Week went well, and noted that John Butterfield rode with the police officers during Bike Week to observe.

Jacob Schindel reported that the Chesapeake Bay Trust awarded the Gettysburg Borough a $47,262.00 grant, to underwrite the cost associated with completing the storm water management improvement signs for the Gettysburg Inner Loop. Representative Moul and Senator Alloway announced the grant awards in June.

Jacob Schindel stated the PA Transportation committee held a public hearing on two Senate Bills that would allow the police to use radar. The hearing was held on June 17th in Harrisburg. The Radar Bills were proposed by Senator Randy Vulakovich and Senator John Rafferty. Both Bills are currently under review in the Senate Transportation Committee. 

Jacob Schindel announced that Congressman Scott Perry will host a public meeting on Saturday, July 19th, at the Fairfield Fire Hall from 10:00 AM to 11:30 AM. All are welcome to attend.

Jacob Schindel said that the Legislative Committee is discussing how to approach the Civil War Trust regarding their recent purchase of the General Lee's Hotel, which will reduce the property tax revenue to the Borough. 

President Birkner said that he sent a letter to Jim Campi, Civil War Trust, regarding the recent General Lee's property sale. There may be other alternatives to receive alternate revenues in lieu of taxes.

Graham Weaver said that he hopes that the Borough receives a positive response to the letter. He noted that he had been a member of the Civil War Trust and its predecessor, The Civil War Preservation Trust, for a number of years and has supported their activities Mr. Weaver is hopeful to get an amicable arrangement that would allow the Borough to get some financial benefits from this organization.

Scot Pitzer reported that there has been active dialog with members of the Legislative Committee and The Civil War Trust. He noted that they are the largest non-profit in the country and that they deal with battlefields all of the time. 

Moved Mr. Schindel, seconded Mr. Leinbach to authorize the Borough of Gettysburg to execute and deliver an Operation and Maintenance Agreement for Stormwater Management Practices with Gettysburg College in connection with the Dining Hall Improvements Stormwater Management Site Plan. Motion carried unanimously.

Scot Pitzer asked for the status of the Solar Compactors. Manager Gable responded that one Solar Compactor was placed on the square in the quadrant of One Lincoln Square. The seconded compactor has not been placed yet. Manager Gable said that he plans to speak with business owners on Steinwehr Avenue to seek a location. 

Scot Pitzer asked the manager if he is still looking into a revenue neutral agreement. Manager Gable responded that the compactors have been reimbursed by IESI, and so there has been no harm done financially to the Borough. He noted that Solicitor Eastman is reviewing some other issues that Council had asked him to research regarding the contract. Manager Gable said that he is not at liberty to speak about it at this time.

Moved Mr. Butterfield, seconded Mr. Leinbach to approve all bills and payrolls for the month as presented. Motion carried unanimously.

Moved Mr. Butterfield, seconded Ms. Brown to authorize a COLA increase for retired police pensioner Walter Gliem to be paid from the Police Pension Fund effective June 1, 2014. Motion carried unanimously. 

Moved Mr. Butterfield, seconded Mr. Leinbach to authorize a COLA increase for retired police pensioner William Laughman to be paid from the Police Pension Fund effective June 1, 2014. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to authorize the Finance Director to transfer $1,268.64 from the Capital Reserve checking account to pay Com Pros Inc. for the transfer of radio and lighting equipment from the police vehicles. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mrs. Naugle to authorize the Finance Director to transfer $776.54 from the General Fund to the Liquid Fuels Fund to reimburse for engineering fees associated with the close-out of the Fourth Street Bridge Project. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Leinbach to adopt a resolution to submit an application to the Department of Community and Economic Development for a grant under the Early Intervention Program for Phase II funding. After some discussion regarding the matching grant, both Mr. Butterfield and Mr. Leinbach withdrew their motion.

Manager Gable suggested that Council amend the resolution to say that the match would not exceed $58,000.

Moved Mr. Butterfield, seconded Mr. Naugle to adopt a resolution to submit an application to the Department of Community and Economic Development for a grant under the Early Intervention Program for Phase II funding, and that the Borough Council hereby allocates local resources in the amount of but not to exceed $58,000.00 to said project to be used as a required local match. A roll call vote was taken. YEA: Ms. Brown, Mr. Butterfield, Mrs. Naugle and Mr. Birkner. NAY: Mr. Krummerich, Mr. Leinbach, Mr. Pitzer, Mr. Schindel and Mr. Weaver. The vote failed 4 Yea and 5 Nay.

Manager Gable gave an explanation and background regarding the importance of this project. He said this is the second Phase of the Early Intervention Program. The first Phase was done with a grant in conjunction with the Pa Economy League and the Civil Research Alliance. Manager Gable reviewed the Strategic Plan recommendations as stated in their report. The Phase II that was presented tonight for consideration is designed to implement the recommendation by the Strategic Plan and address the three material weaknesses presented to Council in the financial audit report. Manager Gable addressed the current programs that are outdated and not efficient for the Borough. He pointed out that the current system cannot track parking tickets and noted that parking is approximately 20% of the Borough's revenues. He went on to say that the new system would have a better governmental financial package, parking program, code enforcement violations, planning and permitting capabilities. Manager Gable also said that the software would track grants which would be very beneficial to staff.

Finance Director James explained the issues with using QuickBooks for accounting, and said that it is not adequate for everything that the Borough needs. She said that the new software would provide better reporting of the accounts. 

Mrs. James said that it would provide a cost savings to the Borough, and pointed out that over $25,000 was paid in overtime for someone to work at the garage for events and to be on call when there are problems at the garage. We would also have a savings of approximately $6,000 for technical support.

Graham Weaver said that this was presented at the Finance Committee meeting as a three million dollar grant for software and parking. He asked for a breakdown of each category. Finance Director James responded that the software is $55,000; six handheld parking devices are $36,000; and two parking kiosks are $25,000.

Graham Weaver asked about ACT 47. Manager Gable responded that ACT 47 is bankruptcy for municipalities that are financially distressed. 

Susan Naugle said that the $58,000 investment would help with the parking deficiencies. She asked how often updates would need to be purchased for the software. Finance Director James responded that it would be a three-year agreement.

Susan Naugle asked if the current staff level would be able to utilize the new system. Finance Director James said that it would take time to set up, but once it's up and running, that it would be beneficial. She said that the plan is to have the new system running by January 1, 2015.

Kyle Leinbach asked where the $58,000 would come from. Finance Director James pointed out that if the Borough isn't awarded the grant, we would not proceed with the project. She said that some of the funds would come from Capital Projects, Capital Reserves or a loan. Mr. Leinbach asked what the estimated return from the Gettysburg Municipal Authority would be if purchasing a new server. Finance Director James responded that we need to see how many licenses they need. 

Kyle Leinbach asked Planning Director Dellett if he feels that the planning module is needed. Planning Director Dellett responded that this module would be useful to his department.

Bob Krummerich asked about the cost of the software. Finance Director James responded $55,000. Mr. Krummerich said that he has worked in the IT business for 25 years, and is skeptical of what software manufacturers claim that their products will do. He went on to say that this is a lot to digest, and suggested to postpone this for another month to get a cost benefit analysis. Finance Director James responded that the application is due by the end of this month. She noted that this was presented to the Finance Committee. 

Scot Pitzer asked if this project was budgeted for this year. Manager Gable responded this is in the overall budget for 2015. Mr. Pitzer asked if the equipment being replaced is the parking equipment purchased using a 2010 loan. Finance Director James responded yes. 

Becky Brown stated that she was aware of the parking garage issues, and believes something must be done to resolve it.

John Butterfield asked what the dollar amount would be on the savings that we know we will accrue if we purchase this system. Finance Director James responded we would have a savings by doing payroll in-house $5,000; IT fees $6,000; overtime $25,000; server $25,000; renew QuickBooks $1,000. She also said that by tracking the parking tickets, we could find the lost revenues. 

Mr. Leinbach said that he will vote no, not because he doesn't support the software program because it is the right step; but because he doesn't want to tell the taxpayers that the Borough will spend $58,000 and not know where it's coming from. 

Susan Naugle asked if the current server crashes would it be approximately $30,000 to replace. Finance Director James responded yes.

It was after an extensive discussion that a roll call vote was taken.

Moved Mr. Butterfield, seconded Mr. Pitzer to adopt a resolution amending the Borough of Gettysburg 457 Deferred Compensation Plan to include the Roth 457. Motion carried unanimously.

Susan Naugle pointed out that the recommendations by the Community Development Committee regarding food trucks using downtown public metered spaces and street banners downtown. The recommendations are attached to the CDC minutes. Scot Pitzer asked what the time frame is for the CDC to bring these recommendations to Council. Mrs. Naugle said that it involves other committees, and that a joint meeting will be scheduled in the fall.

Moved Mrs. Naugle, seconded Mr. Leinbach to approve and authorize the issuance of Certificates of Appropriateness for Tabled Application Item A (26 North Fourth Street); and New Applications Items: A (47 Railroad Street), C (150 North Third Street), D (65 Steinwehr Avenue), E (241 South Washington Street), F (117 York Street) and G (208 Baltimore Street), as set forth in the minutes of the June 18, 2014 and July 7, 2014 meetings of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Leinbach to approve and authorize the issuance of a Certificate of Appropriateness for New Application Item B (334 Baltimore Street), as set forth in the minutes of the June 18, 2014 meeting of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. The motion carried with 

Ms. Brown abstaining.

Moved Mrs. Naugle, seconded Ms. Brown to deny the issuance of a Certificate of Appropriateness for Tabled Application Item B (218 Carlisle Street), as set forth in the minutes of the June 18, 2014 and July 7, 2014 meetings of the Historical Architectural Review Board, consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Planning Director Dellett explained that the HARB Board felt that there wasn't enough evidence to approve replacement of the nine windows. 

Moved Mrs. Naugle, seconded Mr. Weaver to approve and adopt as a final plan the preliminary Neighborhood Improvement District Revitalization Plan and review report submitted to the Borough of Gettysburg in June, 2014 for the continuation of the Steinwehr Avenue, Heart of Gettysburg Battlefield Neighborhood Improvement District beyond its originally authorized automatic termination date of December 31, 2014 and its reauthorization for an additional seven (7) year period through December 31, 2021. Motion carried unanimously.

Scot Pitzer thanked the Steinwehr Avenue representatives that attended tonight's meeting, and said that he appreciates the visionaries and what they do.

John Butterfield pointed out that this motion specifically addresses the Neighborhood Improvement District Revitalization Plan. It is the primary plan presented tonight, and noted that none of the individuals that spoke tonight or letters received specifically addresses anything in this plan. He feels this is an indication that it is satisfactory and recommends to vote for it to be the final plan. 

Susan Naugle reported that she recently attended the grant award announcement by the Chesapeake Bay Trust. The Borough was awarded $47,200 for the Gettysburg Inner Loop to use for the Race Horse Alley project. She said that it will be used for stormwater design and engineering. She noted that Gettysburg was one of three Pennsylvania projects that were awarded funds. Planning Director Dellett reported that this project is scheduled to begin next month. He said that C. S. Davidson will be conducting the work regarding this project and finalize and deliver the design next year.

Graham Weaver gave brief remarks regarding a resolution opposing House Bill 1708 and any other plan that would divert General Municipal Pension State Aid. 

Scot Pitzer reported that he spoke to Representative Dan Moul and said that it is unclear how it would affect municipalities. Mr. Pitzer suggested inviting Rep. Moul to a special Legislative Committee meeting to discuss it further. Jacob Schindel said that he also spoke with Rep. Moul and agreed with Mr. Pitzer to hold a special meeting. Mr. Schindel will schedule a Legislative Committee meeting in the near future.

Moved Mr. Schindel, seconded Mr. Leinbach to accept the J. P. Harris Tax Exoneration report for tax year 2006, 2010, 2011, 2012 and 2013 as presented. Motion carried unanimously.

Chief Dougherty presented a Bike Week Report to Council, noting that he felt the event went quite well. He said that there was one incident on Johns Avenue, two minor traffic accidents, and that there were no noise complaints relative to motorcycles. Scot Pitzer asked if the number of incidents were higher than last year's event. Chief Dougherty responded no and noted that the weekend was the same as any other weekend.

Scott Dellett reported that the next Central Adams County Joint Comprehensive Plan Steering Committee meeting is scheduled for August 5th at 3:00 PM.

Scott Dellett gave a brief report regarding the Steinwehr Avenue Phase II and noted that construction will begin to occur later this month.

Public Comment:

Steve Hemler addressed Council and thanked the five members that voted no for the IT software. He said that he uses QuickBooks and likes the capabilities. He doesn't believe the Borough needs new software. Mr. Hemler said that the taxpayers can't afford to pay more taxes, and that Council shouldn't spend money we don't have. He said that grants costs money and they aren't the answer to the problems.

Darlene Brown said that ACHA/PICCPI also needed to upgrade their software programs and new server, and said that it is important to keep them up-to-date. She said they used grants to get their new equipment. She also said that she is a Borough taxpayer, and supports the Borough in applying for a grant for new equipment. Darlene Brown pointed out that Council hired professional, staff and said that they wouldn't put their reputations on the line. The staff needs the ability to be able to do their work efficiently. 

Charles Strauss said that he is new to Gettysburg, and he has two observations: 1) the vote appears to be against innovation and streamlining services. He asked that Council revisit this issue; because it sounds like an important project, and he would support it. Mr. Strauss noted that some members of Council said that it was a cost analysis issue, and so possibly this could be reviewed; 2) he said that he would be eager to attend a meeting regarding the Pension House Bill when Council schedules it.

The meeting was adjourned at 9:20 PM to an executive session.

The meeting reconvened and a motion was made and seconded to ratify the Grievance Settlement and Release Agreement for Grievance Nos. 43375, 45320, and 51351. The motion carried unanimously.

With no further business to come before council moved Mr. Butterfield, seconded Mr. Schindel to adjourn the meeting at 9:45 PM.

Respectfully submitted,

Sara L. Stull

Borough Secretary